The Right to Information Act 2009 (RTI Act) gives you the right to apply for access to documents held by Government agencies, which includes Council.
The RTI Act promotes the release of information by us unless this information is exempt, or its release would be contrary to the public interest.
Applications under the RTI Act can be made for both personal and non-personal information.
You can ask for any documents that are held by Logan City Council or within our control.
A “document” can be a paper file, microfiche, printout, computer record and file, visual material, for example x-rays, films, photograph, audio and audio-visual material including CD's and DVDs, CCTV footage.
If documents are accessible through other sources such as public records, a disclosure log, on Councils website, or a Council search regardless of whether a fee applies they cannot be obtained through an RTI application.
Where we cannot grant you access to a document, we will explain why in our decision letter to you.
We are required to publish a disclosure log on our website that details documents already made available under the RTI Act.
Before lodging your application, please see our disclosure logs to check if the documents you want are already available upon request.
If you would like a copy of the released documents, please:
The Queensland Government has an application form which can be used to make an application for documents under the RTI Act.
Visit the Queensland Government, Right to Information website to download the application form.
Your application may be lodged:
Please do not include credit card details on the application form.
Identification options: You must identify yourself as Section 24 the RTI Act requires you to provide your personal information.
The access application must:
- Be in writing (you may use the Right to Information application form)
- Have sufficient detail to allow document identification
- State an address to which notices may be sent
- Include evidence of applicant identity (certified or sighted)
- Include evidence of agent authority (if applicable)
You can provide a certified copy of the document, or you can arrange a time to come in and have your proof of identity sighted by an officer.
Acceptable documents include:
- current driver’s licence
- identifying page of current passport
- birth certificate
- If a current prisoner, a copy of a prisoner's identity card certified by the corrective services officer
- a statutory declaration of an individual who has known the applicant for at least one year.
A certified copy is a true and correct copy of the original document, which has been signed by a lawyer, notary public, a Commissioner for Declarations or a Justice of the Peace.
They must sight the original document and be able to say that the certified copy is a true and correct copy of the original. A digital copy or photocopy of the certified copy cannot be accepted. The certified copy itself must be provided.
Identification options: You can identify yourself or use a Pseudonym.
The access application must:
- Be in writing (you may use the Right to Information application form)
- Have sufficient detail to allow document identification
- State an address to which notices may be sent
Providing a reason for accessing Council held documents is not required but can be beneficial if we are unsure whether to grant access on public interest grounds.
Application fee
An application fee of $57.65 is payable for applications requesting access to non-personal information or a combination of personal and non-personal information.
If your application seeks access to your personal information only, you are not required to pay a fee.
The application fee is a requirement under section 24 of the RTI Act and cannot be waived.
The application fee can be paid by credit card, cheque, cash or money order and must accompany your application.
Your application cannot be processed and is considered to be invalid without payment of the application fee.
Processing Costs
There is no charge for the processing of documents that contain your personal information only.
If processing the non-personal information in your application takes less than 5 hours, no processing charge will apply.
If the time taken exceeds 5 hours a charge of $8.95 per 15 minutes, or part of 15 minutes, applies to every hour.
For example, if processing your RTI application takes 6 hours, there is no free 5 hour period and the total charge will be based upon the total 6 hours.
Processing charges must be paid before access to the documents is allowed.
Access Charges
The access charges for a document are the actual cost incurred by Council, these include:
- engaging another entity to search for and retrieve the document
- transcribing audio recordings, of words, shorthand writing or codified words
- creating a written document using equipment usually available to the Council for retrieving or collating stored information, for example printing a report from a database, or
- printing copies of documents:
- there will be a charge of 25 cents per A4 page for each black and white copy
- additional charges for copies of other documents, e.g. x-rays, colour copies, A3, will be payable.
There is no access charge for providing access to a document in electronic form, like an email or on a disc.
Applying for a Waiver of the Processing and Access Charges
You can apply in writing for a waiver of the processing and access charges.
For a waiver of the processing and access fees to apply, you will need to establish that you satisfy the grounds for financial hardship under s66 of the RTI Act and can produce a valid concession card.
It is important to note that even if you are able to show financial hardship, the waiver will only apply to the processing and access charges and you will still have to pay the application fee.
How can I pay?
Payment of the relevant charges can be made by credit card, cheque, cash or money order.
You may choose to pay for these charges either by telephone, by post or in person at one of our customer service centres.
Logan City Council has registered for GST and has been issued with an Australian Business Number (ABN) 21 627 796 435
In most cases, you cannot access someone else's personal information unless they have provided written authorisation for you to do so.
Complainant details, e.g. name, address and telephone number, are generally not available through an RTI application. This is because details about the complainant and their name, address and telephone number, are the personal information of the complainant.
If you request complainant or third-party details as part of an RTI application, the complainant or third party must be consulted by Council particularly if the release of the information is likely to be of concern to them.
Where complainant or third-party details are requested in an RTI application, they will only be released if either the consent of the complainant or third party has been obtained, or if it is considered to be in the public interest for their details to be released to you.
If you're having someone apply on your behalf they will need to show proof of their identity and also provide something that confirms you’ve given them permission to act for you.
The RTI Act requires the agent to provide these documents at the time of application or the application will not be valid.
Once a valid RTI or IP application is received, we have 25 business days to process the application and provide a decision.
That legislative period may be extended in certain situations. For example, if:
- you have requested a large number of documents, or
- we have to consult third parties
- the only method to contact you is through a postal address.
If you are not satisfied with a decision that Council has made about your RTI or IP application, you have the option of asking for an Internal Review.
This is where a more senior officer will review the original decision made about your request.
Alternatively, you have the right to ask for an External Review of the decision by the Queensland Information Commissioner.
Full review rights information will be given to you in any decision letter you receive from us.
More information
For details and information on how to make an RTI / IP application or for further information, please contact our Integrity and Information program.
Legislative documents
To download a copy of the Acts from the Legislation Queensland website please visit Right to Information Act.
Copies of the Acts are also available through public libraries, community centres and government agencies.
Enquiry Service - Office of the Information Commissioner Queensland
For general enquiries on the operation and application of Queensland’s Right to Information and Information Privacy legislation, please visit the Information Commissioner Queensland website.
Privacy Collection Notice
Logan City Council is collecting your personal information in accordance with Section 24 of the Right to Information Act for the purpose of processing your application. Depending on what you are applying for, if we do not collect your personal information, we may not be able to process your application as it may not be considered valid. For more information on our Privacy Policy, please see Privacy.